Barnard Estate

Opinion by

Mr. Justice Allén M. Stearne,

This appeal involves the construction of a will. The question is whether the language expresses a clear intent to exclude the widow as a statutory heir.

Testator, who died in 1905, possessed solely of personal property, was survived by his widow, his father and mother, two brothers and a sister, but no issue. He erected a trust, for his residuary estate. The trustees were directed to pay the income to Ms widow for life, and at her decease, the trust was to terminate and be distributed as follows: “Any portion of my estate up to and not exceeding the…